More Judges Considering Military Service in Sentencing

More troops are coming home from combat deployments in Iraq and Afghanistan and ending up in legal trouble, and some state and federal judges are choosing to be lenient based on these soldiers’ and Veterans’ service and wartime experiences.  A number of Veterans have been given probation and psychological treatment instead of prison time, typically for nonviolent crimes.

Many former soldiers who have spent time in combat develop psychological problems, which often lead to alcohol and drug abuse, and criminal behavior

"We dump all kinds of money to get soldiers over there and train them to kill, but we don't do anything to reintegrate them into our society," the Wall Street Journal quoted John L. Kane, a federal judge in Denver. Earlier this month, Mr. Kane sentenced an Iraq war Veteran convicted of bribery to probation instead of prison.

Most courts in the United States do not have guidelines for offering Veterans special consideration, says Doug Berman, a law professor at Ohio State University. However, in North Carolina, Tennessee and Louisiana, judges either must or are allowed to use prior military service as a mitigating factor in sentencing.

In the federal court system, sentencing laws permit judges to consider a defendant's "history and characteristics," though some judges choose not to.

A growing movement for special Veterans’ justice is taking shape. Since 2009, as many as 16 counties and cities, including Orange County, California and three cities in New York, have created Veterans courts.  Other Veterans court programs have been started in and around New York City, Texas and Nevada. 

These courts’ objective, is to keep defendants out of prison, and placed into treatment programs for PTSD and other combat-related problems. Probation usually includes strict drug testing.  The programs serve Veterans from all eras.   

A number prosecutors' drop criminal charges once a Veteran has finished treatment, usually on the condition that the Veteran had not previously been convicted of a felony.

A number of Veterans who receive probation in these Veterans courts would normally have been sentenced to prison, Mark Kammerer told the Wall Street Journal.  Kammerer is a psychotherapist for the Cook County, Illinois State Attorney’s office and coordinates the Chicago-area Veterans court

Some legal experts worry about a two-tiered justice system, and that the movement might end up giving special consideration to all Veterans, regardless of what impact their military service had on their crimes. 

"What we think goes over the line is the creation of two separate systems based solely on somebody's status," says Allen Lichtenstein, the general counsel for the American Civil Liberties Union in Nevada. "Police are under particular stress -- should there be a court for them?"

Prosecutors also argue that defendants’ military service should not be an excuse for criminal behavior.

Considering military service at sentencing isn't something new. Carissa Hessick, a law professor at Arizona State University notes that during the Civil War era, soldiers were frequently shown leniency by judges.  During the World War II and Vietnam eras, judges often dropped criminal charges on the condition defendants enlisted in the service, a custom that is no longer permitted.

Source:  The Wall Street Journal 

The National Veterans Foundation provides assistance and resources to Veterans and active duty military members needing legal help.  For legal resources, call the Lifeline for Vets™ at 888-777-4443 or visit the NVF’s online Legal Center.  To support the National Veterans Foundation and its programs and services for Veterans in need, please visit www.help-veterans.org.